Legal

Glossary Law

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There are 35 names in this directory beginning with the letter A.
A priori assumption
An assumption that is true without further proof or need to prove it. However, it has a negative side: a priori assumption made without question on the basis that no analysis or study is necessary.

Abandon
To intentionally and permanently give up, surrender, leave, desert or relinquish all interest or ownership in property, a home or other premises, a right of way, and even a spouse, family, or children. The word is often used in situations to determine whether a tenant has left his/her apartment and the property inside and does not intend to come back.

Abet
To help someone commit a crime, including helping them escape from police or plan the crime.

Abrogate
To annul or repeal a law or pass legislation that contradicts the prior law. Abrogate also applies to revoking or withdrawing conditions of a contract.

Abscond
Traditionally to leave a jurisdiction (where the court, a process server or law enforcement can find one) to avoid being served with legal papers or being arrested.

Abstention doctrine
When the supreme court refuses to exercise its federal constitutional jurisdiction or declines to consider a question of state law arising from a case being appealed from a state court.

Abuse of process
The use of legal process by illegal, malicious, or perverted means.

Acceleration clause
Provision in a contract or promissory note that if some specified event (like not making payments on time) occurs then the entire amount or other requirements are due.

Acceptance of service
Agreement by a defendant (or his/her attorney) in a legal action to accept a complaint or other petition (like divorce papers) without having the sheriff or process server show up at the door. The agreement of “acceptance of service” must be in writing or there is no proof that it happened. In most jurisdictions there is a form entitled “receipt and acknowledgment of acceptance of service” or similar language which must be signed, dated and sent back to the attorney who sent the complaint or petition. Attorneys must be careful that they have legal authority from a client to act on his/her behalf, because a client may deny later that he/she gave authority to accept service.

Accessory
A second-string player who helps in the commission of a crime by driving the getaway car, providing the weapons, assisting in the planning, providing an alibi, or hiding the principal offender after the crime. Usually the accessory is not immediately present during the crime, but must be aware that the crime is going to be committed or has been committed. Usually an accessory’s punishment is less than that of the main perpetrator, but a tough jury or judge may find the accessory just as responsible.

Accused
A person charged with a crime.

Acknowledge
1) generally to admit something, whether bad, good or indifferent. 2) to verify to a notary public or other officer (such as a county clerk) that the signer executed (wrote, signed) the document like a deed, lease, or power of attorney, to make it certified as legal and suitable for recording.

Action
A lawsuit in which one party (or parties) sues another.

Ad hoc
Latin shorthand meaning “for this purpose only” thus, an ad hoc committee is formed for a specific purpose, usually appointed to solve a particular problem. An ad hoc attorney is hired to handle one problem only and often is a specialist in a particular area or considered especially able to argue a key point.

Ad valorem
Latin for “based on value,” which applies to property taxes based on a percentage of the county’s assessment of the property’s value.

Adhesion contract
A contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move.

Adjourn
The final closing of a meeting, such as a convention, a meeting of the board of directors, or any official gathering.

Administrative hearing
A hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling.

Administrative law
The procedures created by administrative agencies (governmental bodies of the city, county, state or federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making.

Admission
A statement made by a party to a lawsuit or a criminal defendant, usually prior to trial, that certain facts are true. An admission is not to be confused with a confession of blame or guilt, but admits only some facts. In civil cases, each party is permitted to submit a written list of alleged facts and request the other party to admit or deny whether each is true or correct. Failure to respond in writing is an admission of the alleged facts and may be used in trial.

Admission of guilt
A statement by someone accused of a crime that he/she committed the offense.

Admission to bail
An order of a court in a criminal case allowing an accused defendant to be freed on a pending trial if he/she posts bail (deposits either cash or a bond) in an amount set by the court. Theoretically, the posting of bail is intended to guarantee the appearance of the defendant in court when required. In minor routine cases (e.g. Petty theft or drunk driving) a judge automatically sets bail based on a rate schedule which can be obtained and put up quickly. Otherwise bail is set at the first court appearance.

Advance
A payment which is made before it is legally due, such as before shipment is made, a sale is completed, a book is completed by the author, or a note is due to be paid.

Affirmative action
The process of a business or governmental agency in which it gives special rights of hiring or advancement to ethnic minorities to make up for past discrimination against that minority.

Agent
A person who is authorized to act for another (the agent’s principal) through employment, by contract or apparent authority.

Alias
A name used other than the given name of a person or reference to that other name, which may not be an attempt to hide his/her identity.

Alien
A person who is not a citizen of the country.

Appeal
To ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling.

Appraiser
A professional who makes appraisals of the value of property. Some specialize in real property, and others in other types of assets from rugs to rings.

Arrears
Money not paid when due, usually the sum of a series of unpaid amounts, such as rent, installments on an account or promissory note, or monthly child support. Sometimes these are called “arrearages.”

Arrest
To take or hold a suspected criminal with legal authority, as by a law enforcement officer.

Assault
The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger.

At will employment
A provision found in many employment contracts which suggest the employee works at the will of the employer, and which the employers insert in order to avoid claims of termination in breach of contract, breach of the covenant of good faith and fair dealing, or discrimination.

Attorney
1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or federal court to provide legal services, including appearing in court.

Authorize
To officially empower someone to act.
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